Pakistan Case Law
1987 SCMR 1827

GOVERNMENT OF BALUCHISTAN vs AMIR JAN And Other

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Citation1987 SCMR 1827
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal Nos. 10-Q and 11-Q of 1987 Service Appeals
Date1987-04-21
Judge(s)Abdul Kadir Shaikh, S. A. Nusrat, and Zafar Hussain Mirza
Authored byAbdul Kadir Shaikh
ResultLeave granted
Summary

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan regarding the entitlement of the respondents to be absorbed into the Secretariat Ministerial Service with effect from July 1, 1970. The core legal question presented for consideration is whether the respondents were legally entitled to such absorption, specifically in light of the fact that they were not absorbed into the Secretariat at the time of the formation of the Province of Baluchistan. The Supreme Court granted leave to appeal, thereby allowing the petitions. The Court directed that the appeals be heard together on the same record, while granting the parties liberty to file additional documents if necessary. The judgment establishes the procedural path for determining the merits of the respondents' claims regarding their service status and absorption rights following the administrative reorganization of the province.

Questions settled in this judgment
  • Are respondents entitled to absorption in the Secretariat Ministerial Service with effect from July 1, 1970, if they were not absorbed at the time of the formation of the Province of Baluchistan?
service lawabsorptionSecretariat Ministerial Serviceleave to appealadministrative reorganization

ORDER

1. ABDUL KADIR SHAIKH, J.--The question that, inter alia, deserves consideration is "whether respondents were entitled for absorption in Secretariat Ministerial Service with effect from Ist July, 1970, particularly when they were not absorbed in Secretariat at the time of formation of Province of Baluchistan.

2. Leave is granted and petitions are allowed.

3. Appeals will be heard together on the same record. It is, however open to the parties to file additional documents, if any.

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